High Courts Archives | Page 46 of 590

Illegal and immoral transaction like bribe does not constitute legally enforceable liability; cannot give rise to criminal liability under NI Act: Punjab and Haryana HC

The appellant has himself unequivocally admitted during his cross-examination before the Trial Court that the cheque amount was paid as a bribe to the respondent for securing Government employment in the Punjab Police by certain job aspirants.

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs High Courts

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 30 ¹ of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.

Case Briefs High Courts

J&K High Court treats Social Media letter on non-recruitment for Gazetted posts in Ladakh as PIL

The Court acknowledged the grievance raised about the lack of recruitment for gazetted posts in Ladakh, issued notice and sought for the UPSC and Ladakh Government’s response.

Case Briefs High Courts

J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K

The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.

Case Briefs High Courts

Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court

The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.

Case Briefs High Courts

‘No absolute right of residence can be claimed by wife’; Delhi High Court upholds order dispossessing wife from shared household

It is not a case where the wife is helpless or there is any endeavour to leave her on the road by taking away the roof from her head. The wife herself is an educated woman, who did her MBA and is also employed.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.

Case Briefs High Courts

Surety can only be waived if circumstances so warrant; Delhi High Court modifies bail conditions for Nigerian Nationals charged under NDPS Act

Any waiver of a bail condition must not compromise the one most important legal requirement that a prisoner must make himself available for trial and for compliance with a sentence imposed.

Case Briefs High Courts

Prior knowledge about chamber allotment vacancies suggests a breach of transparency; Delhi High Court upholds re-allotment

Such vacancies should be notified to the members of the Bar, providing every eligible lawyer with an equal opportunity to express interest; failure to do so creates an appearance of opacity in the process, potentially leading to an impression of arbitrariness.

Case Briefs High Courts

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’

Case Briefs High Courts

Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court

‘The information concerning law enforcement operations, especially those involving national security considerations, falls under purview of Section 8(1)(a).’

Case Briefs High Courts

Punjab and Haryana HC upholds dismissal from service of a conductor who was implicated in 52 departmental proceedings

In the present case, respondent conducted proper departmental inquiry and found the petitioner guilty. The petitioner was involved in 52 cases and subjected to different punishments. The petitioner is claiming that dismissal from service is harsh punishment, and it should be substituted with compulsory retirement.

Case Briefs High Courts

Delhi High Court questions SSC’s exam for testing candidates’ abilities through trivial questions like the use of ‘OKEY’ as a vulgarism of ‘OKAY’

One wonders, however, whether anything meaningful is achieved by testing the ability of candidates in examination such as this, to qualify and obtain recruitment to civil posts, by testing whether they know that the word “OKEY”, is used, rarely, as a vulgarism of “OKAY”.

Case Briefs High Courts

‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty

Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.

Case Briefs High Courts

Textbook example of how the affluent people try to flout the law; Delhi High Court dismisses S. 482 CrPC petition

The instant case is a textbook example of how the affluent people try to flout the law by coercing the aggrieved party to settle the dispute, despite the offence being criminal in nature and approach the Courts citing settlement deed.

Case Briefs High Courts

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’

Case Briefs High Courts

[Bahraich Violence] Allahabad High Court grants 15 days to accused persons to respond to Demolition Notices issued by UP Government

Without making any observations on the merits at this stage, Allahabad Court granted three days’ time to the Chief Standing Counsel to obtain complete instructions. It instructed that the position regarding the category of the road and the applicable norms should be clarified at the next scheduled hearing.

Case Briefs High Courts

Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail

The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.

Case Briefs High Courts

Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India

‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’